The Building (Scotland) Amendment Regulations 2024: Child Rights and Wellbeing Impact Assessment

Child Rights and Wellbeing Impact Assessment Template

Introduction

1. Brief Summary.

Type of proposal: Scottish Statutory Instrument

Decision of a strategic nature relating to the rights and wellbeing of children: No

Name the proposal, and describe its overall aims and intended purpose.

Building (Scotland) Amendment Regulations 2024

Key terms explained

Gigabit-capable connectivity - a network connection that offers download speeds of at least 1 gigabit per second (1000 Mbps).

Superfast connectivity – a network connection that supports a download speed of at least 30 megabits per second (30 Mbps)

Universal Service Obligation – a broadband connection that supports a download speed of at least 10 megabits per second (10 Mbps)

This proposal is to increase the availability of infrastructure supporting gigabit-capable connectivity to new build developments for all homes by introducing new requirements on housing developers.

New regulations will come into force from 1 January 2025 with supporting statutory guidance published in the Building Standards Technical Handbook standard 4.14:

Every building and building unit must be designed and constructed in such a way that:

a. each building unit is equipped with a network termination point for a gigabit-capable public electronic communications network;

b. gigabit-capable physical infrastructure from a network termination point to a building access point or common access point is provided;

c. gigabit-capable physical infrastructure from a building access point or common access point to a network distribution point is provided within the curtilage of the development site;

d. a means of connecting each network termination point to a gigabit-capable electronic communications network is provided, to the extent this is reasonably practicable.

For non-domestic buildings requirements a) and b) above apply.

The requirements ensure that the infrastructure required to support a gigabit-capable connection is available at outset. In cases where the per premise cost cap is not exceeded this will be used to connect to a network where gigabit-capable services are available. Where the cost cap is exceeded, this ensures that the passive infrastructure is available to support a connection at a later date inside the dwelling to the external wall and the curtilage of the development.

There will be a requirement for housing developers to provide a gigabit-capable connection up to a cost cap of £2,000 per premise. Where this is not possible there will be a requirement to provide a superfast connection using the next-best technology subject to a the same cost cap per premise while installing the passive infrastructure (e.g. ducts) to support a gigabit-capable connection to be deployed by a network operator at a later date. Where this is not possible within the cost cap there is an expectation to provide a service in line with the broadband Universal Service Obligation.

As part of the verification process through the building standards system developers are required to complete a connectivity plan verifying they have approached two network operators for quotes to provide a connection. Where exemptions are being relied upon (e.g. where the cost cap is exceeded) the Connectivity Plan is used to evidence these.

This puts on a statutory basis standards of connectivity in new build developments largely being delivered commercially and already included in existing Scottish Government housing policies – the Affordable Housing Supply Programme and Housing to 2040. This will therefore more closely align all new build developments built by housing developers to standards within SG current housing policy.

The market has driven significant improvements in terms of gigabit-capable connectivity in recent years data from Openreach, the largest network operator, indicates around 4% of new build homes in Scotland do not receive gigabit-capable connectivity.

Start date of proposal’s development: January 2023

Start date of CRWIA process: July 2024

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to children’s rights?

As the requirement of the new proposals extend to housing developers only, no aspects of the proposals are relevant to children’s rights. Any positive in-direct impacts on children would be minimal as a result of faster download speeds as a consequence of the changes proposed as they align with what the market largely provides to new build developments. Indirect benefits are also subject to households taking up services with providers at faster speeds than would be available through alternative technologies. The new requirements align with what 96% of the market currently delivers on commercial terms between housing developers and network operators to new build homes based on data provided by network operators. The minimal in-direct improvement in connectivity does not relate to the rights of children as set out in the UNCRC act.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal.

From data gathered from Openreach and other network operators indicates around 4% of new build developments do not align to the requirement of having gigabit-capable connectivity. This regulation therefore impacts a small number of housing developers as opposed to individual members of the public, and is being brought in to align housing policy. Therefore, as described above, we do not see any impact on children and young people’s rights.

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed.

No impact

5. Analysis of Evidence.

No impact

6. What changes (if any) have been made to the proposal as a result of this assessment?

No impact